Presidential veto in the System of the Checks and Balances: Theoretical and Practical Aspects
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Abstract
In all existing government forms the leader of the state (president or monarch) has an authorization to sign laws adopted by the parliament. The right of promulgation is regarded as both a legal obligations and a long running tradition. The same also goes true even for those countries where heads of the state do not have constitutional authorization to veto the laws adopted by the parliament and there are strict legal requirements to sign a parliamentary act, even though no one challenges the formal necessity of the signature. Therefore the authorization is always linked with the procedure i.e. the actual signing of the head of the state under a legal act. This is one of the functions of the head of the state which stems from a long running tradition. After the arrival and development of the doctrine of the separation of powers, legal researchers started analyzing presidential veto as an integral part of the system of checks and balances. Having recognized these authorizations as an integral part of the system of checks and balances a theoretical and practical question emerged. What is the actual content of the presidential veto?
Legal and political science writers used a number of concepts such as presidential veto, executive veto, suspensive veto, revoking veto, strong veto, weak veto etc. However the genuine contents of the veto will only reveal itself in the legal procedures that describe the procedures to override veto.
Constitutional set-up in European countries allows a comparatively easy (simple majority) procedure to override a presidential veto in countries such as France, Czech Republic, Slovakia, Slovenia, Estonia, Germany and Lithuania. Presidential veto is overridden by a qualified majority in USA, Poland. Heads of state in UK and Germany can override laws enacted by the parliament.
The comparison of the contents of a presidential veto in different forms of government allows drawing a conclusion that both, strong and weak veto can have a positive impact in the system of checks and balances. The main criteria regarding the importance of the presidential veto should be the circumstances that describe the degree of democracy of form of government i.e the recognition o the human right and rule of law.
Legal and political science writers used a number of concepts such as presidential veto, executive veto, suspensive veto, revoking veto, strong veto, weak veto etc. However the genuine contents of the veto will only reveal itself in the legal procedures that describe the procedures to override veto.
Constitutional set-up in European countries allows a comparatively easy (simple majority) procedure to override a presidential veto in countries such as France, Czech Republic, Slovakia, Slovenia, Estonia, Germany and Lithuania. Presidential veto is overridden by a qualified majority in USA, Poland. Heads of state in UK and Germany can override laws enacted by the parliament.
The comparison of the contents of a presidential veto in different forms of government allows drawing a conclusion that both, strong and weak veto can have a positive impact in the system of checks and balances. The main criteria regarding the importance of the presidential veto should be the circumstances that describe the degree of democracy of form of government i.e the recognition o the human right and rule of law.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
